- Who sends it
- The court handling your foreclosure case
- What it starts
- A conference 40 to 60 days out, with your loss mitigation package due 30 days before it
- Do this first
- Mark the package due date and call IFPN at 1-877-GET-HOPE to build the package
What this notice is in Indiana
Under Ind. Code 32-30-10.5-10(a), once you contact the court in time, the court must issue a notice of a settlement conference. For cases filed after June 30, 2011, the conference date must be no earlier than 40 days and no later than 60 days after the date of the notice. The notice must encourage you to see a foreclosure counselor, give the Indiana Foreclosure Prevention Network's contact information, and attach IHCDA's loss mitigation package list.
The conference is held at the county courthouse or another place the court names, unless both sides agree to change the date or hold it by phone. You have the right to a lawyer or a mortgage foreclosure counselor, in person or by phone. A judge may or may not attend.
How to count the 30 days before the conference
- Your loss mitigation package is due to the lender's attorney, at the address in the complaint, and to the court, at the address the court gives, by the date in the notice, which is 30 days before the conference.
- By the same date, the lender must send you by certified mail a payment history showing the default and an itemized payoff of what it claims you owe.
- If both sides agree to move the conference, both 30-day deadlines move with the new date.
- If you do not provide at least one required document from the package list on time, the court can enter judgment (Ind. Code 32-30-10.5-9(a)(2)(C)).
What goes in the loss mitigation package
The Indiana courts list: a financial worksheet, a hardship letter, a Dodd-Frank certification, a Request for Modification and Affidavit, IRS Form 4506T-EZ, an authorization to release information, and copies of supporting documents. IHCDA posts a checklist and the forms. Documents in your package submitted to the court are confidential under state law.
What happens at and after the conference
- The lender's attorney must attend, and a lender representative with authority to negotiate must be available by phone. The lender's conference costs cannot be charged to you.
- If you agree, the agreement must be in writing and signed by both sides, and the lender files it with the court within 7 business days. The case is then dismissed or stayed for as long as you keep the agreement.
- If you do not agree, the lender must tell the court within 7 business days, and the case can move toward a judgment and decree of foreclosure. The court can order another conference any time before judgment.
- While the case is pending and you live in the home, the court may order you to keep making monthly payments, no more than your regular payment, held by the clerk or in an attorney trust account (Ind. Code 32-30-10.5-8.6).
What to do this week
- Call the Indiana Foreclosure Prevention Network at 1-877-GET-HOPE (1-877-438-4673) for free help putting the package together.
- Download the loss mitigation checklist and forms from IHCDA's foreclosure notices page.
- Send the package early, to both addresses, and keep proof of delivery.
- Read Indiana foreclosure mediation and our national mediation notice page.
The rest of the Indiana process
See how foreclosure works in Indiana, the timeline, ways to stop it and free help in Indiana, or read the national guide to this letter.
Common questions
When will my Indiana settlement conference be held?
For cases filed after June 30, 2011, no earlier than 40 days and no later than 60 days after the date of the court's notice, under Ind. Code 32-30-10.5-10(a)(1)(B), unless both sides agree to a new date.
When is my Indiana loss mitigation package due?
30 days before the conference date, to both the lender's attorney and the court. If you send none of the required documents in time, the court can enter judgment.
Does the Indiana settlement conference cost anything?
The lender's costs for the conference cannot be charged to you, directly or indirectly (Ind. Code 32-30-10.5-10(b)). IFPN counseling is free.
Other Indiana letters
- Pre-Suit NoticeBefore an Indiana lender can file a foreclosure lawsuit on your primary residence, it must send you a Pre-Suit Notice by certified mail at least 30 days ahead, on a form set by the state housing agency. It says you are in default and points you to free counseling. It is a warning, not a lawsuit.
- Summons and foreclosure complaintThe summons and complaint start the foreclosure lawsuit in your county's circuit or superior court. The summons sets two separate deadlines: a written response within 20 days (23 if you got it by certified mail) and a request for a settlement conference within 30 days after service. Do both if you can.
- Judgment and decree of foreclosureThe judgment and decree of foreclosure is the court's ruling that the lender can have your home sold by the sheriff. It usually includes a personal judgment against you for the debt. The sale process cannot start until 3 months after the complaint was filed, and you can stop the sale by paying the judgment, interest and costs before it.
- Notice of sheriff's saleThe county sheriff serves you with this notice when the first newspaper ad for the sale runs, at least 30 days before the sale. It gives the date, time, place and street address. You can stop the sale by paying the full judgment, interest and costs before it, but there is no right to buy the home back after.
- Writ of assistanceIn Indiana, the buyer at a sheriff's sale gets a deed right after the sale. If you have not moved, the buyer can apply to the court clerk for a writ of assistance, a court order directing the sheriff to deliver possession. State law does not set a fixed number of days, so act the day you receive it.
Sources
- Indiana Code 2026, Title 32: IC 32-30-10.5-8.6, 32-30-10.5-9, 32-30-10.5-10
- Indiana Courts Self-Service Legal Center: Help with Mortgage Foreclosures
- IHCDA: Foreclosure Prevention Counselors, settlement conference notice and loss mitigation checklist
- Indiana Foreclosure Prevention Network (877-GET-HOPE)